Indiana Employment Legal Questions

 Dear Anonymous,   A failure to timely pay earned wages violates the minimum wage and overtime provisions of the Fair Labor Standards Act and the Indiana Wage Payment Statute (Indiana Code §22-2-5-1).  Violation of these Wage statutes can hold your employer liable for the unpaid wages, liquidated damages doubling the unpaid wages and attorney’s fees (Indiana Code §22-2-5-2). For more information, visit my website here.   Good luck,   Chip Clark... Read Answer

Dear Michelle,   It may be that you have a claim for a hostile work environment, but I would need to get a lot more information in order to determine whether or not you have a case.  Here is a link to the Indianapolis office of the Equal Employment Opportunity Commission, which explains some prohibited practices. ("EEOC").  If you would like to discuss your case with an employment law attorney, we do offer free consultations.   Very truly yours,   Chip Clark ... Read Answer

Dear Anonymous,   Indiana has two statutes that deal with an employer's failure to pay wages.   The Wage Claims Statute, Ind. Code § 22-2-9-2, applies where an employee is fired, and the Wage Payment Statute, Ind. Code § 22-2-5-1, applies where an employee quits.  Both statutes have penalties for the employer's failure to pay (up to 2 times the amount they owe), and both statutes allow for you to collect attorney's fees expended in collecting your wages.  In your particular case, you left your employment voluntarily, so you will need to proceed under the Wage Payment Statute. Under that statute, you can sue your employer directly for your unpaid wages in any court in Indiana having jurisdiction.  Normally, this would be the superior court in the county where you were employed.    Good luck,   Chip Clark ... Read Answer

If you do not say to him "I agree to have you do the work for "x" amount." Or words to that effect, and there is nothing in writing, you are fine. Even if you did say something like that, state statutes frequently forbid home improvement contracts unless they are in writing, though under those facts you would want to sit down with a lawyer and discuss it further.... Read Answer

Dear Anonymous,   Your employer can not retaliate against you for engaging in protected activity.  If you believe you are being retaliated against by your employer, you must first file Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC").  Here is a link to their website on how to file a charge of discrimination.  The EEOC will conduct an investigation in to the charges, and will then make a determination whether or not your claims can be substantiated. If you have additional questions about the EEOC claims process, or you just want to speak to an experienced Indiana employment lawyer, call 1-800-625-4710 for a free consultation.      Very truly yours, Chip Clark  ... Read Answer

Dear Anonymous,   I am sorry to hear about your layoff.  There is nothing illegal about your employer mailing you your last check, as long as you are paid fully for the time that you worked.  Your employer is not allowed to deduct certain items from your last check, and if you find that you have any illegal deductions then you may have a claim agains your employer for unpaid wages.  Wage claims in Indiana allow for the collection of treble damages up to a specified amount, and attorneys fees.  Here is more helpful information about wage claims. Chip Clark Goodin Abernathy, LLP  ... Read Answer

Dear Anonymous,   Very few hourly employees could be considered exempt from the overtime requirements of the Federal Fair Labor Standards Act ("FLSA").  In fact, the FLSA requires that employers pay employees a minimum wage of $7.25 per hour, and time and a half for every hour over 40 hours worked in a given week.  The failure do so can result in payment of back wages, plus punitive damages and attorney's fees.  Here is some more information regarding the FLSA and Indiana Wage and Hour Laws.  If your fiance is paid tips or commissions for sales of furniture, he may be considered exempt, but I doubt he receives tips or commissions if he is working in the warehouse.  If you have additional questions about Federal or State overtime requirements, please feel free to call me for a free consultation.  Because employers must pay the employee's attorney's fees, there is no cost to the employee to make a claim for unpaid overtime wages.   Chip Clark Goodin Abernathy, LLP... Read Answer

Dear Anonymous,   The Americans with Disabilities Act ("ADA") and Equal Employment Opportunity Commission have broadened their definition of what qualifies as a disability.  In your situation, your doctor has given you specific limitions.  The issue then is whether you employer must make reasonable accommodations in light of your disability.  "Reasonableness" is subject to many interpretations, and what you might deem reasonable may not comport with what your employer would consider a reasonable accommodation.  Employers have to consider the safety of not only you, but other employees.  The analysis to determine what is reasonable would be very fact specific and to answer your question would require a lot more detail on what you are asking them to do.  I recommend that you consult with an experienced employment law attorney if you have specific questions about your case.   Chip Clark... Read Answer

Dear Anonymous, Typically, employers can require proof from your health care providers for FMLA leave.  Here is a list of frequently asked questions provided by the US Dept. of Labor regarding FMLA.  If you have specific questions about your leave you should talk to an Employment Attorney who practices in the area of Employee Benefits and FMLA.   Chip Clark... Read Answer

Just because you are salaried employee does not automatically mean you are exempt from overtime wages.  The Fair Labor Standards Act requires employers to pay time and a half for every hour worked over 40 hours in a given week.  Failure to pay overtime, can lead to employers paying punitive damages and attorney's fees for their aggrieved employees.  There are certain employees who are exempt from the FLSA's overtime requirements, but they are relatively few and far between.  These cases are very fact specific, and depend on your level of education and the training and experience required to do your job.  Just as an example, it has been determined that pharmacists are not exempt from the FLSA's overtime requirements.  If you have specific questions or want more information regarding the FLSA, you can find it on my website.  If you have specific questions, please feel free to give me a call.... Read Answer

You have 180 days from the date in which the last discrimination occured in which to file a Charge of Discrimination with the Equal Employment Opportunity Commisssion (EEOC).  In your case, it sounds as if the discrimination may be ongoing.  If you believe you are the victim of discrimination you should contact you local office of the EEOC.  A link to the Indianapolis office of the EEOC can be found here.... Read Answer

Indiana Law requires that employers pay you for wages you have earned.  There are strict penalties for employers who withhold wages from their employees, including up to two times your actual damages plus attorney's fees.  Here is a link to my lawfirm's blog that addresses this specific issue.  I hope you find this information helpful.... Read Answer

The Fair Labor Standards Act requires payment of time and a half for every hour worked over 40 hours in a particular week.  Some employees are exempt from the FLSA overtime requirements, but just because you are paid a salary does not mean you are exempt.  If you have specific questions about whether or not you are an exempt employee, you can look here.  If you would like to speak with an attorney about your case please feel free to contact me.... Read Answer

An employer is required to pay you any outstanding wages at your next scheduled pay period.  Failure to pay within 10 days of that date will result in the employer being subject to addtional damages, up to two times the amount owed, plus attorneys fees should you be required to file a lawsuit to recover your wages.... Read Answer